Man hit by car during 'Occupy' protest speaks out

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November 6, 2011 5:56:41 PM PST

by Sergio Quintana

OAKLAND, Calif. --

The protester who was struck by a driver during last week's "Occupy Oakland" general strike is speaking out.

Lance Lavendure is still wearing hospital bracelets and now uses a cane to move around. Lavendure wants to know why the driver of a Mercedes, who was caught on tape hitting him with his vehicle during last week's protest, hasn't been arrested yet.

Lavendure said he and his friends were crossing the street along with other marchers when the driver of the silver Mercedes nudged them.

"I was like, everyone's walking but yet you can't just let us by?" Lavendure said.

The incident was captured on video. In the video, Lavendure can be seen banging on the hood of the car just before the vehicle jolts forward.

Lavendure and his friend were both injured in the incident -- his friend's ankle was crushed by the car.

The driver of the Mercedes was not arrested. A spokesperson for Oakland police told ABC7 she did not know if the driver was cited by BART police. Officers who first responded to the incident let the driver go against the calls of an irate group of onlookers who demanded that the driver be taken into custody.

BART police have since turned over all information to the Oakland Police Department who are handling the case because the incident took place in their jurisdiction.

Lavendure said he wants answers in a still very painful incident.

"This guy hasn't been arrested," Lavendure said. "We were assaulted with a deadly weapon, and he tried to damn near kill us. You don't resolve issues by hitting someone with your car."

The Oakland Police Department spokesperson told ABC7 the department appreciates the help of BART police in handling the incident on what was a very busy Wednesday.

In the meantime, BART police have received a citizen's complaint for their handling of the incident. An independent police auditor has been assigned to investigate.